‘Trust Law Secrets, Revealed’

Mark J Bennett and Adam S Hofri-Winogradow, ‘The Use of Trusts to Subvert the Law: An Analysis and Critique’, Oxford Journal of Legal Studies (2021), available for free on SSRN as ‘Against Subversion, a Contribution to the Normative Theory of Trust Law’. For those who pay attention to trust law developments, it’s clear that a vast transformation in trust law is taking place. American states like Wyoming, Alaska, Nevada, Delaware, and South Dakota are rewriting their laws to permit trusts that promise perpetual duration, maximum asset protection, and continued settlor control in order to compete with offshore jurisdictions for billions of dollars in trust business. Even for those who don’t usually take notice of trusts, trust law and the uses of the trust as a mechanism to create and perpetuate wealth inequality is becoming better understood … (more)

[Allison Anna Tait, JOTWELL, 15 April]

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